NOTE: The governor signed this measure on 5/20/2015.
SENATE BILL 15-217
BY SENATOR(S) Roberts and Cooke, Aguilar, Balmer, Baumgardner,
Carroll, Crowder, Garcia, Grantham, Guzman, Heath, Hill, Johnston,
Kefalas, Kerr, Lambert, Lundberg, Marble, Martinez Humenik, Merrifield,
Neville T., Newell, Scheffel, Scott, Steadman, Todd, Ulibarri, Woods,
Cadman;
also REPRESENTATIVE(S) Williams, Fields, McCann, Melton, Moreno,
Pettersen, Young, Hullinghorst.
Concerning data collection related to peace officer-involved
shootings of a person, and, in connection therewith, making
an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) A founding principle and fundamental purpose of government
as established by the founding fathers is to provide for public safety. This
purpose is the linchpin element of civilized society that sets the United
States apart from the majority of countries that do not believe in the rights
and freedoms guaranteed to all Americans under the U.S. Constitution.
(b) Integral to this fundamental role of government is the need for
the state and federal legislatures to continually and carefully examine and
balance the authority granted to our thousands of peace officers across the
country with these freedoms and rights in a manner that protects and serves
the best interests of our communities while simultaneously respecting and
protecting the rights of those accused of crimes;
(c) In light of recent national events and local concerns related to
violent incidents occurring between citizens, suspects, and law enforcement
officers, it is imperative that better data collection occur in these matters in
order to responsibly and effectively consider and propose future legislation
related to criminal procedure and law enforcement standards and policies;
(d) Across the United States, 2014 resulted in a twenty-four percent
increase in the number of law enforcement officers dying in the line of
duty, including sixty-two deaths resulting from felonious incidents
involving suspects. This number represents a forty-one percent increase in
felonious killing of peace officers from 2012. Most disturbing is the fact
that ambushes were the leading cause of officer fatalities in 2014, with
fifteen officers around the country being shot and killed in ambush-style
attacks.
(e) In Colorado, there are more than nineteen thousand active peace
officers working for more than three hundred law enforcement agencies
around the state. In 2013, more than five hundred seventy-five individuals
were charged with felony-level assaults against these Colorado peace
officers in the performance of their duties. In Colorado, one peace officer
was killed in the line of duty in 2013, and one was killed in 2014.
(f) Of equal concern is the fact that, in 2013, there were twenty fatal
shootings of suspects by Colorado peace officers. In these twenty
encounters, fifteen suspects threatened officers with either a real or
simulated firearms, three brandished a knife, one assaulted an officer with
a car, and one reached for an officer's gun.
(g) As violence against officers increases, it is likely that increases
in deaths or injuries to suspects will rise also;
(h) Currently, information related to these types of incidents in
Colorado is both inconsistent and difficult to find. Gathering and analyzing
data related to officer-involved shootings is the first requisite step toward
seeking solutions to minimize the number of violent encounters between
Colorado's law enforcement officers and those suspected of criminal
activity.
(2) Accordingly, the general assembly determines that it is in the
interest of public safety and responsible government that the general
assembly act to assist the state in better accessing and recoding data related
to officer-involved shootings.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-517 as
follows:
24-33.5-517. Criminal justice data collection - definitions -
repeal. (1) Any state or local law enforcement agency that
employs a peace officer who is involved in an officer-involved
shooting that results in a person suspected of criminal activity
being shot at by the officer shall report the following
information to the division, in a format specified by the division:
(a) If known, the age, gender, sexual orientation, race,
ethnicity, and medically-documented physical or mental
disability of the suspect;
(b) If known, the age, gender, race, and ethnicity of the
peace officer;
(c) The officer's basis for the contact or stop that led to
the officer-involved shooting;
(d) The officer's basis for the shooting;
(e) Whether the officer or any other officer responding to
the scene conducted a search and, if so, whether the search was
conducted pursuant to probable cause, with consent, or pursuant
to any other lawful exception to the warrant requirement, and
whether contraband was found and, if so, the nature of the
contraband;
(f) Whether the officer or any other officer responding to
the scene issued a verbal warning before shooting; and
(g) Whether the officer or any other officer responding to
the scene arrested or issued a citation to anyone and, if so, the
crimes charged as a result of the arrest or citation.
(2) (a) (I) If a state or local law enforcement agency
employed or employs a peace officer as described in section
16-2.5-101, C.R.S., who is involved in an officer-involved shooting
from January 1, 2010, through June 30, 2015, it shall report, if
available, the information required by subsection (1) of this
section to the division by September 1, 2015.
(II) The division shall compile and report the data received
pursuant to subparagraph (I) of this paragraph (a) by March 1,
2016. The report shall be provided to the judiciary committees of
the house of representatives and senate, or any successor
committees, and shall be posted on the division's web site.
(b) (I) If a state or local law enforcement agency employs
a peace officer as described in section 16-2.5-101, C.R.S., who is
involved in an officer-involved shooting during fiscal year
2015-16, or any successive fiscal year through fiscal year
2019-20, it shall report the information required by subsection (1)
of this section to the division by September 1 of the following
fiscal year.
(II) The division shall compile and report the data received
pursuant to subparagraph (I) of this paragraph (b) by March 1 of
the following year. The report shall be provided to the judiciary
committees of the house of representatives and senate, or any
successor committees, and shall be posted on the division's web
site.
(3) As used in this section, unless the context requires
otherwise, "state or local law enforcement agency" means:
(a) The Colorado state patrol created pursuant to section
24-33.5-201;
(b) The Colorado bureau of investigation created pursuant
to section 24-33.5-401;
(c) A county sheriff's office;
(d) A municipal police department;
(e) The division of parks and wildlife within the department
of natural resources created pursuant to section 24-1-124; or
(f) A town marshal's office.
(4) This section is repealed, effective July 1, 2021.
SECTION 3. Appropriation. For the 2015-16 state fiscal year,
$30,851 is appropriated to the department of public safety for use by the
division of criminal justice. This appropriation is from the general fund and
is based on an assumption that the division will require an additional 0.5
FTE. To implement this act, the division may use this appropriation for
DCJ administrative services.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Bill L. Cadman Dickey Lee Hullinghorst
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO